UN Experts Condemn Criminalization of Homelessness, Urge Repeal of Cruel Laws

The report underscores that these punitive measures, often rooted in outdated vagrancy laws originating from colonial eras, do not address the underlying causes of homelessness and poverty.

United Nations human rights experts have issued a stern call for governments worldwide to abolish laws that penalize individuals experiencing homelessness and poverty for carrying out essential survival activities in public spaces. A new study, co-authored by UN Special Rapporteurs Balakrishnan Rajagopal on the right to adequate housing and Olivier De Schutter on extreme poverty and human rights, highlights a troubling trend of increasing criminalization through fines, sanctions, and arrests for activities such as sleeping, eating, and working on the streets.

The report underscores that these punitive measures, often rooted in outdated vagrancy laws originating from colonial eras, do not address the underlying causes of homelessness and poverty. Instead, they exacerbate the cycle of poverty by pushing vulnerable individuals further into destitution.

Rajagopal criticized governments for resorting to punitive measures rather than tackling systemic issues of affordable housing and inequality, labeling the criminalization of homelessness as a reflection of state and social failure.

“These laws do not solve homelessness; they violate international human rights standards and must be immediately repealed,” Rajagopal emphasized.

De Schutter echoed these sentiments, pointing out that criminalizing homelessness not only fails to reduce street homelessness but also imposes a double punishment on individuals already suffering from poverty. He highlighted the disproportionate allocation of resources towards law enforcement and judicial processes, which could be redirected towards long-term housing solutions and social services.

The experts’ recommendations include the repeal of laws prohibiting begging, the reallocation of resources towards addressing root causes of poverty, the elimination of prison sentences for inability to pay fines, and the expungement of criminal records for sanctioned individuals. They advocate for non-custodial measures for minor offenses committed by persons experiencing homelessness.

“Political choices that perpetuate income inequality and inadequate housing options are driving the increase in homelessness and poverty worldwide,” Rajagopal stressed. “Governments must prioritize comprehensive solutions over punitive measures.”

The study, informed by over 130 submissions from governments, human rights organizations, civil society, and academics, will be presented to the UN Human Rights Council in Geneva. It follows recent advocacy by the experts in a US Supreme Court case, arguing against penalizing individuals for public camping or sleeping when alternative shelter options are lacking.